Show THE CANVASS fob FOR DELEGATE TO CONGRESS r 1 I 1 f f PALT galt SALT LARE nare ciry cirr utah w april 1 1877 1 guerner governor emery ea 1 dear sir we have read the various articles and correspondence in the tribune tribuna newspaper touching your action as ils governor in the matter of the late election of a delegate to congress for thih this territory and desiring to know the facts and the whole case request that you address to us a W statement of the sami same bame if as all ail alleged eged by tribune writers you have bave wilfully deprived mr baskin of an opportunity to in augu nu gurale rates ratel proceedings for foi a contest with mr cannon we i should in common with yelth the tribune con COD damn your course if you have not justice requires that the facts be known in your justification ye we ask this as friends of both the liberal cause in ii n utah androu and yourself arsel f your obedient servants I 1 i I 1 c w BENNETT 0 J HOLLISTER H C GOODSPEED april 13 1677 nce ennett enfelt 3 ennett en nett nelt hollister Hollist erand and goodspeed gentlemen in answer to your inquiry of this date I 1 have the honor to submit the following relative to canvassing the vote and issuing the certificate to the delegate to fifth con CoD congress gress A short t time after my return from froni the east and during the early canny part of january last I 1 was in general gheral banes office when captain wm hooper and john T calne caine of this city called upon secretary bane at his office witha letter from mr cannon I 1 stating that they hoo hooper e r and caine calne would represent h him 1 in canvassing the vote and ilsung the certificate of election I 1 rad read the letter and asked general bane in their presence what had been done in the matter he informed me that in my say absence from the territory he had gotten himself together in his capacity of governor and secretary and canvassed the vote that mr cannon was wab as elected and that nothing remained d to be done but to issue the certificate sometime the last of january as nearly as I 1 can recollect the certificate was ivas issued to mr cannon he having reee received ived and mr baskin votes I 1 signed the certificate as governor and general bane band aa as sen ben Be titto captain hooper oln ola lif iii regard to giving notice to candidates to be present at the canvass vass of votes I 1 do not understand the law requires any notice to be given As a matter of or fact general bane informs me that he be sent word to mr baskin to come down and alid help him count the votes furthermore I 1 called upon mr to see if he had any reasons rit rii isoni why the certificate should not issue and he stated that in his bis opinion general bane was not secretary and could not not act as such I 1 called upon mr babkin ners again g both before and after the certificate issued to inform him of what had been done buts but not seeing him left loft word at his office to call on at the Secre office on a matter personal to himself the question whether general bane could act as see Sec secretary 0 or not was submitted to theU the United nItZ slates district attorney and he act thib thlu that thit ho hb could perform th the e duties of both offices but could coul d receive the pay of but one the general did act and I 1 havo have no doubt of his authority to do so the lato iato IA to united states state marshal of this territory informs me that ho lie performed the d duties of marshai marshal and It egister register of the land laud office for nine months under instructions from the attorney general at washington within ten days and since this matter mattir has been under considers con sidera s tion gen bane has informed me that notwithstanding the fact that lie ho canvassed the vote in III my absence from tho the territory it was for other purposes than for issuing a certificate and that he be counted he vote for i hat bat purpose i just before the certificate was waa issued and in in my Y absence from the office finding that shafto to bo be the condition of the case I 1 was and am of the opinion that no proper canvass of the vote was made and signified my willingness tore tote canvass it in a statement prepared and sent to the tribune la jast last s t saturday and which mr lockley refused to publish I 1 have seen mr baskin and told him I 1 was willing to the vote at any time and he preferred to wait till mr cannon returns and aeda have him present that is the way the case stands today to day the law governing the canvassing of the vote for delegate to congress and also fixing the time in which a contest may commence reads as follows and I 1 think you will agree with me m e that the thirty thir t days begin bogin to run from the time of 0 yf canvassing the vote and not from 1 the time of hsuing the certificate section 33 of the compiled laws of utah SEC 2 so soon as the returns are in the canvassing of votes shall commence and shall be completed within tw two 0 days kyr after the reception of said returns and all candidates voted for at any election may be present either in person or by representative to witness said canvass section united states revised statutes whenever any person intends to contest an election of any member of the house of representatives of the united baates he be shall within thirty days after the result of such election shall have been determined by the officer or board of canvassers authorized by law to determine the same give notice in writing to the member whose seat he designs to contest of his anten intent intend tion to contest the same and in such notice shall specify particularly the grounds upon which he relies in the contest the above are the facts and law in the casey cases case andi andl and I 1 leave you to draw d raw your ybur own conclusions in the matter remembering the election oci oc i burred november ath and that you are at liberty to make such use of this statement as you may think proper 1 1 am gentlemen 1 very respectfully your abt servant GEO W emery |